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informal will, will, formal will, legal will, valid will, invalid will, estate, best friend, probate, brother, executor, Notes, iPhone, mobile phone, phone, solicitor, lawyer
01 Jul 2025

“He was like a father to me, that’s why he left me his estate in an informal will.” Which case won?

A case in NSW revolved around the question of whether a note on a mobile phone should be admitted to probate as an informal will.

A 79-year-old man had an estate worth $13.6 million.

He had no surviving dependants and lived alone, but maintained close relationships with his older brother and with his best friend, who had become like a son to him.

For years, the man’s solicitor had “badgered” him to make a will, but he kept putting it off, saying he didn’t know what to do with his money.

On 4 August 2022, the man had a severe diabetic episode in the middle of the night and called an ambulance, as well as calling his best friend, who drove to the man’s house.

After the paramedics left at around 3:30am, the man’s friend told him he needed to “put in writing what his intentions were with his property” because “none of us know when we’re going to go.”

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adopted child, adoption, adoptive parent, challenge, estate, family provision, claim, Succession Act, Adoption Act, biological parent, biological child
30 May 2024

Can an adopted child challenge the will of adoptive parents?

Adoptive parent assumes all rights and responsibilities once child is adopted Under the NSW Adoption Act 2000, any adoption or order made by a court transfers all legal rights and responsibilities from the biological parent of the adopted child to the child’s adoptive parent. Further, section 95 states that the child has the same rights […]
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